ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Environment, mine discharges permit
ENVIRONMENT: Expired 1992 BHES order erroneously relied on in 2017 renewal of mine discharges permit… Seeley affirmed. [Read more…]
Water pollution, coal mine ephemeral discharges
WATER POLLUTION: Fact issues preclude summary judgment upholding permit to discharge rain & snow water surrounding coal mine into Yellowstone River tributaries… Seeley reversed. [Read more…]
Environment, Bull Mountains coal lease
ENVIRONMENT: Challenge of BLM’s decision to lease coal in Bull Mountains properly rejected. . . Watters affirmed (unpublished). [Read more…]
Preliminary injunction, YNP bison transplant
PRELIMINARY INJUNCTION improperly granted against transport of migrating YNP bison to tribes… McKeon reversed. [Read more…]
Zoning, special district, no sand/gravel
ZONING: Special district zoning pattern & regulations prohibiting sand & gravel mining properly adopted over claim of citizen petition gerrymandering, reverse spot zoning… no established property right to apply for new permit or amendment to existing permit, but remanded for consideration of takings claim as to [Read more…]
Easement, off-survey, non-adjacent property
EASEMENT: Subdivider’s Declaration of Easements and COS together reserved access easement over off-survey property… Oregon rule adopted that express easement may be appurtenant to property not adjacent to servient property… Plaintiffs have access rights along road [Read more…]
Construction lien, “contracting owner,” “agent”
CONSTRUCTION LIEN: One entity was “contracting owner” of ranches, another was “agent” for purpose of contracting for [Read more…]